Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46297 of 2017 Applicant :- Kunni Opposite Party :- State Of U.P.
Counsel for Applicant :- Sunil Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Abhai Kumar,J.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.
The applicant seeks bail in Case Crime No.237 of 2017, under Sections 272, 273, 419, 420, 467, 468, 471 IPC and 60 Excise Act, Police Station - Mehnagar, District - Azamgarh.
Learned counsel for the applicant submitted that the accused- applicant has been falsely implicated in the present case due to ulterior motive. It is submitted by the learned counsel that as per allegation in the FIR, the coaccused Kunni was arrested and recovery of 905 bottles of adulterated liquor in the name of Royal Crown Whysky By Silver Dhar India Ltd. Pithaupr Dist Dhar 454774, are said to have been made from him. The recovery that has been shown from the possession of the applicant is false and fabricated one. There is no independent eye witness of the recovery. It is further submitted that similarly placed co-accuseds, namely, Rajkumar, Atul Singh, Raju Ram and Pappu have already been granted bail by this Court vide orders dated 2.11.2017, 6.11.2017, 3.11.2017 passed in Criminal Misc. Bail Application Nos.42241 of 2017, 42749 of 2017, 42345 of 2017 and 42662 of 2017 respectively, copy whereof have been placed on record. It is further submitted that since the co-accuseds have already been granted bail, the accused-applicant is also entitled for bail on the ground of parity. The applicant is having no previous criminal history and in case the applicant is being released on bail, he will not misuse the liberty of bail. The applicant is in jail since 23.8.2017.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Seeing the facts of the case as well as submissions made by learned counsel for the parties and also perusing the material brought on record and also seeing the fact that similarly placed co-accuseds have already been granted bail, prima facie, a case for bail is made out. However, any observation made hereinabove, will not affect the trial of the case.
Let the applicant-Kunni, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant shall co-operate in the investigation.
2. The applicant shall not tamper with the prosecution evidence.
3. The applicant shall not pressurize the prosecution witnesses.
4. The applicant shall appear on the date fixed by the trial Court.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 28.11.2017 Ajeet